The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, there was a fact that the defendant made the victim's right shoulder by hand, but it is difficult to regard it as an indecent act, and there was no intention to compel the defendant at the time.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 hours, the amount of KRW 5 million, the amount of KRW 40 hours, and the amount of the sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of misunderstanding of the facts or misapprehension of the legal principles 1) The defendant asserted the same purport as the grounds for appeal in the court below, and the court below rejected the above assertion in detail by stating in detail the judgment on the defendant's assertion under the title "the judgment on the defendant and his

2) The crime of indecent act by force of the relevant legal doctrine includes not only cases where the other party commits an indecent act after making it difficult to resist by resorting to violence or intimidation, but also cases where the body of the person who commits the indecent act is deemed to be an indecent act. In such a case, the assault is not necessarily required to suppress the other party’s will.

An indecent act refers to an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual moral sense in the age (see, e.g., Supreme Court Decision 2015Do6980, Sept. 10, 2015). Moreover, the subjective motive or purpose of the crime of indecent act is to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act.